Adarsha B Vs Mahesh Kumar — Cheque Dishonour | Karnataka HC (2026)

Adarsha B Vs Mahesh Kumar — Cheque Dishonour | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Criminal Revision Petition disposed of in terms of the joint memo recording settlement for Rs.2,20,000/- (of which Rs.20,000/- already paid on 22.03.2026); complainant permitted to withdraw the amounts in deposit before the Trial Court under due identification; default clause preserving the sentence imposed by the Trial Magistrate and confirmed by the First Appellate Court if compensation is not paid.

Issue for consideration

Whether the criminal revision petition filed under Sections 397/401 CrPC should be allowed and the impugned judgment dated 09.11.2022 in Crl.A.No.5061/2019, confirming the conviction and sentence under Section 138 of the N.I. Act, be set aside and the complaint dismissed.

Court's answer

In view of the joint memo recording amicable settlement between the parties, the Criminal Revision Petition stands disposed of.

Ratio / Principle

The amount in deposit is ordered to be withdrawn by the complainant under due identification.

Key takeaways

If the compensation amount as agreed in the joint memo is not paid, the petitioner shall undergo imprisonment as ordered by the Trial Magistrate and confirmed by the First Appellate Court.ratio¶45

Detailed headnote1 paragraphs

Negotiable Instruments Act — S.138 — conviction confirmed in appeal — criminal revision petition under Ss.397 r/w 401 CrPC — joint memo of settlement: parties amicably compromised for a total sum of Rs.2,20,000/-, of which Rs.20,000/- was paid on 22.03.2026; petitioner consented to the respondent withdrawing the deposits of Rs.77,500/- (dated 13.12.2019) and Rs.1,22,500/- (dated 12.04.2023) made in C.C.No.850/2015 before the Civil Judge and JMFC, Sullia — revision petition disposed of; amount in deposit ordered to be withdrawn by the complainant under due identification; it was made clear that if the compensation amount agreed in the joint memo is not paid, the petitioner shall undergo imprisonment as ordered by the Trial Magistrate and confirmed by the First Appellate Court.

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NC: 2026:KHC:16496 CRL.RP No. 197 of 2023

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 23^RD DAY OF MARCH, 2026

BEFORE

THE HON'BLE MR. JUSTICE V SRISHANANDA CRIMINAL REVISION PETITION NO. 197 OF 2023

BETWEEN:

ADARSHA B S/O NAGAKUMAR SHETTY, AGED ABOUT 43 YEARS, H.NO.4 MARKANJA, BALNAD HOUSE, MARKANJA VILLAGE AND POST, SULLIA TALUK, D K - 574 248

…PETITIONER

(BY SRI. HARSHA G., ADVOCATE FOR SRI. SACHIN B.S., ADVOCATE)

AND:

MAHESH KUMAR

Digitally AGED ABOUT 43 YEARS, signed by R MANJUNATHA S/O LATE SOMANATHA RAI, Location: MENALA HOUSE, HIGH COURT OF AJJAVARA VILLAGE AND POST, KARNATAKA SULLIA TALUK, D.K. - 574 248

…RESPONDENT

(BY SRI. P. RAMESHA SHARMA, ADVOCATE

SRI. BHARGAVA D. BHAT, ADVOCATE)

THIS CRL.RP IS FILED U/S.397 R/W 401 OF CR.P.C BY

THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS

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NC: 2026:KHC:16496 CRL.RP No. 197 of 2023

HC-KAR

HONOURABLE COURT MAY BE PLEASED TO SET ASIDE THE IMPUGNED JUDGMENT DATED 09.11.2022 IN CRL.A.NO.5061/2019 ON THE FILE OF V ADDITIONAL DISTRICT AND SESSIONS JUDGE, D.K., MANGALURU, SITTING AT PUTTUR, CONFIRMING THE JUDGMENT OF CONVICTION AND ORDER OF SENTENCE DATED 17.10.2019 IN C.C.NO.850/2015 ON THE FILE OF CIVIL JUDGE AND J.M.F.C., SULLIA, AND CONSEQUENTLY DISMISS THE COMPLAINT FILED BY THE COMPLAINANT/RESPONDENT FOR THE OFFENCE P/U/S 138 OF N.I. ACT.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE V SRISHANANDA

ORAL ORDER

A joint memo is filed by the learned counsel for

both the parties. Contents of the joint memo reads as under:

"The Learned Counsel for the Petitioner and the Respondent respectfully submit that the parties have amicably settled the matter out of Court and have arrived at a compromise for a total sum of Rs.2,20,000/-. It is further submitted that, in terms of the said settlement, the Petitioner has paid a sum of Rs.20,000/- to the Respondent on 22.03.2026 with

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NC: 2026:KHC:16496 CRL.RP No. 197 of 2023

HC-KAR

transaction No; T2603221400576998237976. The Petitioner has no objection for the Respondent to withdraw the amounts deposited before the Trial Court.

In view of the said settlement, it is prayed that this Hon'ble Court may be pleased to dispose of the matter in terms of this memo.

The Petitioner further submits that he has no objection for the Respondent to withdraw the amounts deposited before the Court of the Civil Judge and JMFC, Sullia, namely:

Rs.77,500/- deposited on 13.12.2019 and

Rs.1,22,500/deposited on 12.04.2023, deposited in CC. No.850 of 2015.

in accordance with the directions of this Hon'ble Court. Hence, this memo is filed in the interest of justice and equity".

Placing the joint memo on record, the following Order:

4 - NC: 2026:KHC:16496 CRL.RP No. 197 of 2023

HC-KAR

ORDER

(i) Criminal Revision Petition stands disposed off .

(ii) Amount in deposit is ordered to be withdrawn by the complainant under due identification.

(iii) It is made clear that if the compensation amount as agreed in the joint memo is not paid, the petitioner shall undergo imprisonment as ordered by the Trial Magistrate, confirmed by the First Appellate Court.

Sd/(V SRISHANANDA) JUDGE

SNC List No.: 1 Sl No.: 47